BHAGWATI Vs. STATE OF U.P.

JUDGEMENT

(1.) This Criminal Appeal has been preferred against judgment and order dated 01.08.1983 passed by Vth Additional District and Sessions Judge, Agra, in Session Trial No. 149 of 1977, State Vs. Bhagwati and others, under Sections 307 , 323 / 34 of IPC, Police Station Pinhat, District Agra, whereby appellants Bhagwati and Prakash @ Ram Prakash along with deceased appellants Ramji Lal and Ram Das were convicted under Sections 323 / 34 and 324 / 34 of IPC. However, instead of sentencing them to imprisonment, they were released on probation under Section 4 of U.P. Probation of First Offenders Act, for maintaining good conduct and behaviour for a period of two years and in case, they are found to be at fault, they shall be called upon to undergo rigorous imprisonment for a period of two years under Section 324 / 34 and for one year under Section 323 / 34 of IPC.

(2.) During pendency of this appeal, appellants Ramji Lal and Ram Das have expired and thus, appeal qua these two appellants was abated and now this appeal is confined only concerned appellant no.1 Bhagwati and appellant no. 2 Prakash @ Ram Prakash.

(3.) Perusal of the record shows that on 03.11.1974, complainant PW-3 Rajbir Singh has lodged FIR Ex. Ka-1 against all the four accused persons alleging that he has two bighas land adjoining to the land of his brother Hakim Singh. Hakim Singh has sold his land to accused persons whereas complainant/PW-3 Rajbir Singh has sown mustered in his land. On 03.11.1974, accused persons reached at land of complainant Rajbir Singh and started over turning his crop. When resisted by Hakim Singh and Rajbir Singh, accused persons assaulted them with lathis and farsa. Accused Bhagwati Prasad, Ramji Lal and Ram Das were armed with lathis and accused Prakash @ Ram Prakash was having Farsa. PW-1 Pyarey Lal and PW-2 Vidya Dhar have also reached at spot and seen the incident. After causing injuries to PW 3 Rajbeer and PW 4 Hakim Singh, accused persons went away from scene of offence.